§ 25-206. General provisions.

(a)

This division sets forth uniform standards and requirements for users of the publicly owned treatment works (POTW) for the City of Fort Smith, Arkansas, and enables the city to comply with all applicable federal and state laws, including Clean Water Act (33 United States Code (U.S.C.) §1251 et seq.) and the General Pretreatment Regulations (40 CFR 403). The objectives of this division are:

(1)

To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2)

To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(3)

To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(4)

To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(5)

To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(6)

To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This division shall apply to all users of the publicly owned treatment works. The ordinance authorizes the issuance of individual wastewater discharge permits or general permit; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(b)

Administration. Except as otherwise provided herein, city administrator shall administer, implement, and enforce the provisions of this division. Any powers granted to or duties imposed upon city administrator may be delegated by city administrator to a duly authorized city employee.

(c)

Abbreviations. The following abbreviations, when used in this division, shall have the designated meanings:

BOD	Biochemical Oxygen Demand
BMP	Best Management Practice
BMR	Baseline Monitoring Report
CFR	Code of Federal Regulations
CIU	Categorical Industrial User
COD	Chemical Oxygen Demand
EPA	U.S. Environmental Protection Agency
gpd	gallons per day
IU	Industrial User
mg/L	milligrams per liter
NAICS	North American Industry Classification System
NPDES	National Pollutant Discharge Elimination System
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SIU	Significant Industrial User
SIC	Standard Industrial Classification
SNC	Significant Noncompliance
TSS	Total Suspended Solids
U.S.C.	United States Code

 

(d)

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this division, shall have the meanings hereinafter designated.

(1)

Act or "the Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

(2)

Approval authority. Refers to the Director of Arkansas Department of Environmental Quality (ADEQ) or a delegated representative.

(3)

Authorized or duly authorized representative of the user.

a.

If the user is a corporation:

1.

The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2.

The manager of one (1) or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b.

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

c.

If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

d.

The individuals described in subsections a. through c., above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the control authority.

(4)

Biochemical oxygen demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/L).

(5)

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 25-207(a) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs may also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.

(6)

Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

(7)

Categorical industrial user. An industrial user subject to a categorical pretreatment standard or categorical standard.

(8)

City. The City of Fort Smith, Arkansas.

(9)

City administrator. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this division. The term includes a duly authorized representative of the city administrator.

(10)

Chemical oxygen demand or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

(11)

Composite sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, as specified by the control authority.

(12)

Control authority. The city administrator for Fort Smith, Arkansas, or his or her designated agent.

(13)

Daily maximum. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

(14)

Daily maximum limit. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

(15)

Domestic waste. Liquid and water-carried waste generated by a typical household or waste comprised of waste equivalent to that generated by a typical household. This does not include waste from commercial or industrial processes whether generated at a household or other premises.

(16)

Fats, oils, and greases or FOG. Any fats, oil and grease, weather petroleum-based, mineral-oil-based, animal-based or vegetable-based.

(17)

Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

(18)

Existing source. Any source of discharge that is not a "new source."

(19)

Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(20)

Grab sample. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

(21)

Indirect discharge or discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b)(c) or (d) of the Act.

(22)

Industrial user. A source of indirect discharge.

(23)

Industrial wastes. The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.

(24)

Inspector. The person or persons duly authorized by the control authority to inspect and approve the installation of the building sewers and their connections to the public sewer system.

(25)

Instantaneous limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(26)

Interference. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

(27)

Local limit. Specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

(28)

May. Discretionary or permissive.

(29)

Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

(30)

Monthly average. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

(31)

Monthly average limit. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

(32)

National Pollutant Discharge Elimination System (NPDES) permit. A permit issued to a POTW or other discharger pursuant to §402 of the Act.

(33)

New source.

a.

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:

1.

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

2.

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3.

The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

b.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection a.2., or a.3. above but otherwise alters, replaces, or adds to existing process or production equipment.

c.

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

1.

Begun, or caused to begin, as part of a continuous onsite construction program:

i.

any placement, assembly, or installation of facilities or equipment; or

ii.

significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

(34)

Noncontact cooling water. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

(35)

North American Industry Classification System (NAICS). The standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. NAICS was developed under the auspices of the Office of Management and Budget (OMB) and adopted in 1997 to replace the Standard Industrial Classification (SIC) system.

(36)

Pass through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.

(37)

Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

(38)

pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

(39)

Pharmaceutical drug, also referred to as medicine, medication or medicament. Any chemical substance intended for use in the medical diagnosis, cure, treatment, or prevention of disease.

(40)

Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

(41)

Pollution prevention (P2). Waste reduction prior to recycling, treatment, or disposal. Pollution prevention means "source reduction," as defined under the Pollution Prevention Act, and other practices that reduce or eliminate the creation of pollutants through: Increased efficiency in the use of raw materials, energy, water, or other resources, or protection of natural resources by conservation

(42)

Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

(43)

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

(44)

Pretreatment standards or standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, narrative BMPs and local limits.

(45)

Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 25-207(a) of this division.

(46)

Properly shredded garbage. The wastes from the preparation, cooking, dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch in dimension.

(47)

Publicly owned treatment works or POTW. A treatment works, as defined by section 212 of the Act (33 U.S.C. § 1292), which is owned by the city. This definition includes any devices or systems used in the storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

(48)

Sanitary sewer. A sewer in which sewage is carried, and to which storm, surface and groundwaters are not intentionally admitted.

(49)

Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

(50)

Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).

(51)

Shall. Mandatory.

(52)

Significant industrial user (SIU). Except as provided in subsection c. of this definition, a significant industrial user is:

a.

An industrial user subject to categorical pretreatment standards; or

b.

An industrial user that:

1.

Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

2.

Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

3.

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

c.

Upon a finding that a user meeting the criteria in subsection b. of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(53)

Slug load or slug discharge. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 25-207(a) of this division. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

(54)

Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

(55)

Storm drain (sometimes termed "storm sewer"). A sewer, which carries storm and surface water and drainage, but excludes sewage and untreated industrial wastes, other than noncontact cooling water.

(56)

Storm water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

(57)

Surcharge. A service charge in addition to the normal monthly rate which shall be assessed to the industrial users who discharge into the city system wastewater having a BOD concentration in excess of two hundred fifty (250) milligrams per liter or a TSS concentration in excess of two hundred fifty (250) milligrams per liter.

(58)

Total suspended solids or suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

(59)

Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by EPA under §307 (33 U.S.C. §1317) of the Act.

(60)

User or industrial user. Any person or entity, who contributes, causes or permits the contribution of wastewater into the city's POTWs.

(61)

Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(62)

Wastewater treatment plant or treatment plant. That portion of the POTW which is designed to provide treatment of municipal sewage and compatible industrial waste.

(Ord. No. 27-16, § 1(Att.), 4-19-16)